The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5118 of 2022 Harekrushna Barik …. Petitioner Mrs. C. Mishra, Advocate. State of Odisha -versus- …. Opp. Party Mr. G.R. Mohapatra, Additional Standing Counsel. CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 21.07.2023 F.I.R. No. 22 Dated Police Station Case No. and Courts’ Name Sections the 498-A/302 of Indian Penal Code. 28.02.2020 Raghunathpur C.T. Case No.73 of 2020 corresponding to G.R. Case No.188 of 2020 arising out of Raghunath P.S. Case No.22 of 2020 pending in the court of Addl. Sessions Judge, Jagatsinghpur 09. 1. This matter is taken up by hybrid mode.
Legal Reasoning
2. Heard learned counsel for the petitioner and learned counsel for the State. Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 Page 1 of 6 // 2 // 3. The prosecution story in short is that the sister of the informant namely Ali @ Ali swain got married to the petitioner. At the time of marriage, cash of Rs.50,000/- and gold ornaments and all household articles were given. After some years of marriage, his sister’s in-laws started torturing her physically and mentally demanding further dowry. On 26.02.2020 at about 5 P.M. Again all the in-laws of his sister conjointly quarreled with her and started assaulting her. The petitioner being armed with a spade handle gave a blow at the root of her left ear as a result of which she fell down on the ground and became unconscious. Thereafter she was shifted to Jagatsinghpur Hospital wherefrom she was referred to SCB Medical College & Hospital, Cuttack where the deceased succumbed to death. 4. Learned counsel for the petitioner submits that on the date of incident eggs were being distributed at the Anganwadi. Deceased asked her husband to go and bring the eggs for their children to which the petitioner refused. Consequently, bitter quarrel amongst the couple took place which led to mutual assault. While the deceased was trying to flee outside, the petitioner was chasing her and near the latrine, he struck her on her head with a wooden stick as a result of which she fled down and Page 2 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 // 3 // became unconscious. The victim was treated at first at Jagatsinghpur Hospital. Thereafter, she was referred to SCB Medical College & Hospital, Cuttack where the deceased succumbed to the injuries. 5. It is further submitted that the petitioner has already suffered incarceration since 28.02.2020 which is more than three years. Although the trial has been commenced, only seven witnesses have been examined, out of twenty three charge sheeted witnesses. There is less likelihood of completion of trial in the near future. 6. Learned counsel for the State vehemently opposes the bail prayer of the petitioner. However, he agrees to the factum of delayed trial and his detention in Police custody over three years. 7. Learned counsel for the petitioner submits that the Hon'ble Supreme Court has held that right to have speedy trial is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is not justified and violative of his fundamental right. The importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Hon'ble Supreme Court has iterated that: "Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential Page 3 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 // 4 // it is ingredient of 'reasonable, fair and just" procedure the guaranteed by Article 21 and constitutional obligation of the State to device such a procedure as would ensure speedy trial to the accused. The State cannot be permitted to deny the constitutional right of speedy trial to the accused on the ground that the State has no adequate the necessary financial expenditure the administrative and judicial apparatus with a view to ensuring speedy trial." incur for improving resources needed to 8. He further argues that the period of long incarceration suffered, which entitle the Petitioner for grant of bail. Right to Speedy trial is a fundamental right of an under trial prisoner and this observations have been resonated, time and again, in several judgments including that of Kadra Pahadiya & Ors. v. State of Bihar1 wherein it has been held that the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in a country like ours, where the large majority of the accused come from poorer and weaker sections of the society and are not versed with laws and after face the dearth of competent legal advice. Of course, in a given case, if an accused demands speedy trial and yet he is not given one, may be a relevant factor in his favour. But an accused cannot be disentitled from complaining of Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 1 1981)3 SCC 671 Page 4 of 6 // 5 // infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial. 9. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)2 that incarceration has further deleterious effects where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily. 10. Considering the submissions made and length of detention in custody, this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the Petitioner on bail in the aforesaid case on stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the learned trial court on each date of posting of the case, he shall not indulge in any criminal offence while on bail and ii Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 2 SLP (Crl.) No. 915 of 2023 Page 5 of 6 // 6 // iii. he shall not tamper with the evidence of in any the prosecution witnesses manner. 11. Violation of any of the conditions shall entail cancellation of the bail. 12.
Decision
The BLAPL is, accordingly, disposed of. Judge (Dr. S.K. Panigrahi) LB Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 20:16:43 Page 6 of 6